Tender Doc 1 99

REQUEST FOR PROPOSAL (RFP)
FOR
THE SELECTION OF CONTRACTOR
TO
CONSTRUCT MANOHARPUR TOWNSHIP COMPLEX AT SARBAHAL, HEMGIR,
SUNDARGARH, ODISHA
THROUGH COMPETITIVE BIDDING
Ref: NOTICE INVITING TENDER: OCPL/CIV-80/2018

DATE: 13/09/2018
ODISHA COAL AND POWER LIMITED.

(A GOVERNMENT COMPANY OF THE STATE OF ODISHA)
GROUND FLOOR, ZONE-A, FORTUNE TOWERS, CHANDRASEKHARPUR
BHUBANESWAR, ODISHA - 751023
Request for Proposal - Construction of Manoharpur Township Complex at Sarbahal, Hemgir, Sundargarh, Odisha.
INDEX
PART I: LETTER OF INVITATION TO BIDDERS & INSTRUCTIONS TO BIDDERS

PART II: TECHNO COMMERCIAL BID (Annexure A, AA & B, and Appendix 1 to 09)
PART III: PRICE BID-APPENDIX A, B1 TO B25 & C
PART IV: CONTRACT
APPENDICES: APPENDIX - A TO APPENDIX- P
ANNEXURE I: TECHNICAL SPECIFICATIONS
ANNEXURE II: OCPL – SAFETY, HEALTH AND ENVIRONMENT GUIDELINES.
Page 1 of 41
PART 1
LETTER OF INVITATION
Date: 13/09/2018
To
Dear Madam/ Sir,
ODISHA COAL AND POWER LIMITED (hereinafter called "Owner") seeks to select a contractor
for the "Construction of Manoharpur Township Complex at Sarbahal, Hemgir, Sundargarh,
Odisha" (Hereinafter called "Project") through a competitive bidding process, for which this
Request for Proposal (RFP) is issued.
On behalf of the Owner, Addl. General Manager (Commercial & Contracts) now invites proposals
to execute the work for the Project from reputed civil contractors/agencies. The contractor will
be selected as per the selection procedures described in this RFP, in accordance with the policies
of the Owner. The detailed RFP can be collected from OCPL's registered office as mentioned below
after paying the non-refundable tender fee as mentioned below.
The RFP consists of the following:

Part - I: Letter of Invitation to Bidders & Instruction to Bidders (ITB).
Part – II: Techno– Commercial bid formats.
Part – III: Price Bid formats.
Part – IV: Form of Contract.
Appendices : Appendix - A to P.
Annexure – I: Technical Specifications.
Annexure – II: OCPL – Safety, Health and Environment Guidelines.
The Notice Inviting Tender (NIT) and Instruction to Bidders (ITB) of the RFP shall be available at
OCPL's website, i.e. www.ocpl.org.in from 13/09/2018 onwards. However, Bidders shall
purchase and collect the complete RFP (in person only) from 13/09/2018 onwards during
working days and office hours i.e 10:00 AM to 5:00 PM from the registered office of the Owner at
Bhubaneswar (as mentioned below) through a written request to the undersigned by paying Rs.
59,000/- (Rupees fifty nine thousand Only) inclusive of GST @ 18% only in the form of a demand
draft issued in favour of "Odisha Coal and Power Ltd." payable at Bhubaneswar. Last date for
collection of RFP is mentioned at Section 4.2 of the ITB.
Yours sincerely,
Thanking You,
Sd/-
Addl. General Manager (Commercial & Contracts)
Odisha Coal and Power Ltd.,
Zone-A, Ground Floor, Fortune Towers,
Chandrasekharpur,Bhubaneswar-751023, Odisha
Page 2 of 41
INSTRUCTIONS TO BIDDERS
Page 3 of 41
DISCLAIMER
This Request for Proposal ("RFP") sets out general guidelines and conditions for bidding and is
not an agreement or offer by the Owner to the prospective Bidders or any other person. The
purpose of this RFP is to provide interested parties with information to facilitate the preparation
of their proposals in response to the RFP ("Bid") and to convey the terms on which the Work shall
be awarded by the Owner.
This RFP includes statements, which reflect various assumptions and assessments arrived at by
the Owner in relation to the Project. Such assumptions, assessments and statements do not
purport to contain all the information that each Bidder may require. This RFP may not be
appropriate for all persons, and it is not possible for the Owner, its employees or advisors to
consider the objectives, technical expertise and particular needs of each party who uses or reads
this RFP. The assumptions, assessments, statements and information contained in this RFP may
not be complete, accurate, adequate or correct. Each Bidder should therefore, conduct its own
investigations and analysis and should check the accuracy, adequacy, correctness, reliability and
completeness of the assumptions, assessments, statements and information contained in this RFP
and obtain independent advice from appropriate sources.
Information provided in this RFP to the Bidder(s) is on a wide range of matters, some of which
may depend upon interpretation of law. The information given is not intended to be an exhaustive
account of satisfactory requirements and should not be regarded as a complete or authoritative
statement of law. The Owner accepts no responsibility for the accuracy or otherwise for any
interpretation or opinion on law expressed herein.
The Owner, its employees and advisors make no representations or warranty as to the accuracy,
reliability or completeness of the information in this RFP, and shall have no liability to any person,
including any Bidder, under any law, statute, rules or regulations or tort, principles of restitution
or unjust enrichment or otherwise for any loss, damages, cost or expense which may arise from
or be incurred or suffered on account of anything contained in this RFP or otherwise, including
the accuracy, adequacy, correctness, completeness or reliability of the RFP and any assessment,
assumption, statement or information contained therein or deemed to form part of this RFP.
The Owner also accepts no liability of any nature whether resulting from negligence or otherwise
howsoever caused arising from reliance of any Bidder upon the statements contained in this RFP.
The Owner may, in its absolute discretion but without being under an obligation to do so, update,
amend or supplement the information, assessment or assumptions contained in this RFP.
It shall be deemed that the Bidder receiving this RFP has read, understood and accepted the
disclaimers and other terms and conditions contained herein.
Page 4 of 41
INDEX
1.0 OCPL BACKGROUND: ................................................................................................................8
2.0 REQUEST FOR PROPOSAL........................................................................................................8
3.0 PROJECT DESCRIPTION............................................................................................................9
3.1. GENERAL .....................................................................................................................................9
3.2. PROJECT BRIEF ........................................................................................................................10
3.3. PROJECT SCOPE .......................................................................................................................10
3.4. SCOPE OF WORKS....................................................................................................................10
3.5. PROJECT ADMINISTRATION .................................................................................................11
3.5.1. SERVICES OF PROJECT CONSULTANT..................................................................................11
3.5.2. ENGAGEMENT OF QUALITY ASSURANCE / QUANTITY CHECK CONSULTANT FOR

MONITORING THE QUALITY OF WORK: .............................................................................12
3.6. QUALIFICATION REQUIREMENTS OF BIDDER: ..................................................................12
3.6.1. TECHNICAL QUALIFICATION REQUIREMENTS TO BE MET BY THE BIDDER: ..............12
3.6.2. FINANCIAL QUALIFICATION REQUIREMENT TO BE MET BY THE BIDDER ..................13
3.6.3. OTHER ELIGIBILITY CRITERIA .............................................................................................14
4.0 BIDDING PROCESS ..................................................................................................................15
4.1. STAGES OF BIDDING: ..............................................................................................................15
4.2. BIDDING SCHEDULE: ..............................................................................................................15
5.0 GENERAL BIDDING GUIDELINES AND INSTRUCTION TO BIDDERS ...............................16
5.1. INSPECTION PRIOR TO BID ...................................................................................................16
5.2. BIDDERS' DUE DILIGENCE COMPLETE ................................................................................17
5.3. REQUESTS FOR CLARIFICATIONS ........................................................................................17
5.4. AMENDMENTS ISSUED TO THIS RFP ...................................................................................17
5.5. BID PREPARATION – EXCEPTIONS/DEVIATIONS .............................................................18
5.6. BID SUBMISSION .....................................................................................................................18
5.7. LANGUAGE ................................................................................................................................18
5.8. CORRECTIONS AND ERASURES.............................................................................................19
5.9. EXTENSION OF BID SUBMISSION / BID OPENING DATE ..................................................19
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5.10. MODIFICATION AND WITHDRAWAL OF BIDS ...................................................................19
5.11. REJECTION OF BIDS ................................................................................................................19
5.12. FALSE OR MISLEADING CLAIMS............................................................................................20
5.13. OWNER'S RIGHT TO ACCEPT ANY BID AND TO REJECT ANY OR ALL BIDS ..................20
5.14. BIDDING COST .........................................................................................................................20
5.15. BID CLARIFICATIONS .............................................................................................................20
5.16. BID VALIDITY PERIOD ...........................................................................................................20
5.16.1. INITIAL BID VALIDITY ...........................................................................................................20
5.16.2. EXTENSION OF INITIAL BID VALIDITY PERIOD ................................................................21
5.17. OWNERSHIP OF BIDS AND RESPONSES ..............................................................................21
5.18. DETAILS AND SIGNATURE OF BIDDER................................................................................21
5.19. FRAUD AND CORRUPTION ....................................................................................................21
5.20. CONFLICT OF INTEREST.........................................................................................................22
5.21. BID OWNERSHIP .....................................................................................................................23
5.22. CONFIDENTIALITY ..................................................................................................................23
6.0 BIDDING PROCEDURE APPLICABLE (TECHNO-COMMERCIAL BID) ..............................24
6.1. ISSUE OF RFP DOCUMENT .....................................................................................................24
6.2. TECHNO COMMERCIAL BID PREPARATION AND SUBMISSION ......................................24
6.3. TECHNO COMMERCIAL BID SUBMISSION ...........................................................................24
6.4. BID SECURITY ..........................................................................................................................25
6.4.1. BID SECURITY TO BE SUBMITTED BY BIDDERS ................................................................25
6.4.2. FORMS OF BID SECURITY ......................................................................................................25
6.4.3. CONSEQUENCE OF NON SUBMITTAL OF BID SECURITY...................................................26
6.4.4. BID SECURITY FORFEITURE..................................................................................................26
6.4.5. RETURN OF BID SECURITY ....................................................................................................26
6.5. CONTRACT PERFORMANCE SECURITY................................................................................27
6.6. EVALUATION CRITERIA .........................................................................................................27
6.7. TECHNO-COMMERCIAL BID EVALUATION .........................................................................27
Page 6 of 41
6.7.1. TECHNICAL BID EVALUATION ..............................................................................................27
6.7.2. COMMERCIAL BID EVALUATION ..........................................................................................27
7.0 BIDDING PROCEDURE (PRICE BID) .....................................................................................28
7.1. PRICE BID SUBMISSION .........................................................................................................28
8.0 PROCEDURE FOR SUBMISSION OF PRICE BID ...................................................................28
8.1. PRICE BID SUBMISSION .........................................................................................................28
8.1.1. ENVELOPE 1: AUTHORIZATION TO BID ..............................................................................28
8.1.2. ENVELOPE 2: CERTIFICATE OF TOTAL COMPLIANCE ......................................................28
8.1.3. ENVELOPE 3: PRICE BID FORMATS......................................................................................29
8.2. PRICE BID .................................................................................................................................29
9.0 PRICE IN FIGURES AND WORDS ...........................................................................................31
10.0 PRICE BID VALIDITY...............................................................................................................31
11.0 PRICE BID CURRENCY.............................................................................................................31
12.0 PRICE BID - TAXES AND DUTIES ...........................................................................................31
13.0 DETAILS AND SIGNATURE OF BIDDER................................................................................32
14.0 COST OF SUBMISSION OF PRICE BID ...................................................................................32
15.0 BID OWNERSHIP .....................................................................................................................32
16.0 SEQUENCE OF OPENING OF PRICE BID ................................................................................32
17.0 RESPONSIVENESS OF PRICE BID ..........................................................................................32
18.0 PRICE BID EVALUATION ........................................................................................................32
19.0 E-REVERSE AUCTION (E-RA) .................................................................................................33
20.0 SUCCESSFUL BIDDER ..............................................................................................................34
21.0 EXECUTION OF THE CONTRACT DOCUMENT .....................................................................35
22.0 PERFORMANCE SECURITY .....................................................................................................35
23.0 GOVERNING LAW ....................................................................................................................35
24.0 DISPUTE RESOLUTION ...........................................................................................................36
25.0 OTHER CONDITIONS ...............................................................................................................36
26.0 DEFINITIONS AND INTERPRETATION.................................................................................36
Page 7 of 41
1.0 OCPL BACKGROUND:

Odisha Coal and Power Limited ("OCPL") is a company incorporated under the
Companies Act 2013, India. OCPL is a Government company as defined by section 2(45)
of the Companies Act, 2013. OCPL was formed as the joint venture company of Odisha
Power Generation Corporation Limited ("OPGC") and Odisha Hydro Power Corporation
Limited, with a capital investment of 51% and 49% respectively. This joint venture
company was created with an intention to develop and operate coal mines and caters to
the fuel requirements of OPGC's expansion project, Unit 3, 4, 5 & 6 at its existing plant
location, IB Thermal Power Station, Banharpali in Jharsuguda District, Odisha
OCPL has been allocated the Manoharpur Coal Block, comprising Manoharpur and Dip-
Side of Manoharpur sections, in March 2015 and allotment agreement has already been
executed with the Ministry of Coal, Government of India on 30 March 2015.
The Manoharpur and DipSide Manoharpur sections are explored coal blocks with 252 MT
& 726 MT estimated geological reserves respectively. The Manoharpur section of the coal
mine project is at an advanced stage of development and contracts for development and
operation of the coal mine, construction of coal handling plant, mines infrastructure,
permanent power supply, water supply, second phase rehabilitation and resettlement (R
& R) colony have already been awarded to various contractors. The work for the above
contracts are ongoing.
2.0 REQUEST FOR PROPOSAL

With this RFP, through a competitive bidding process, Owner seeks to award the work of
"Construction of Manoharpur Township Complex at Sarbahal, Hemgir, Sundargarh,
Odisha" as per the scope of work indicated in Section 3.4 of the ITB below and as provided
in the Contract ("Works"). The Bidder shall be required to provide a detailed item wise
Price Bid which will be followed by an e-reverse-auction process. The Owner may invite
the lowest Bidder emerging out of the e-reverse auction process shall be invited to enter
into a definitive contract(s) substantially in the form indicated in Part – IV of RFP
("Contract").
The information available to Bidders in the RFP consists of the following four (4) parts:
PART I: Letter of Invitation and Instruction to Bidders

PART II: Techno Commercial Bid Formats
PART III: Price Bid Formats
PART IV: Form of Contract
Appendices Appendix – A to P
Annexure I: Technical Specifications,
Annexure II: OCPL – Safety, Health and Environment Guidelines.
PART – I: This Part deals with terms and conditions of the tendering process and provides
guidance to the Bidders for preparation and submission of their Bids. All terms and
conditions specified herein are required to be adhered to. This document shall be signed
and submitted along with the Techno-Commercial Bid.
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PART – II: The Techno Commercial Bid has two sections as follows:
(a) Bid security letter along with the Bid Security in the form of bank guarantee (BG).
(b) Covering letter along with appendices from 1 to 09, to be completed by the Bidder
and submitted along with the relevant information and documents.
PART – III: The Price Bid shall be filled up by the Bidder and submitted in a separate sealed
envelope, and shall include:
(a) legal rights to Bid, and Certificate of Total Compliance as per Appendix A to C of
PART III; and
(b) Bill of Quantities Format: Appendix B1 to B25 are to be completed by the Bidder
and submitted along with the relevant information and documents. All the
Appendices shall form part of the Contract.
PART – IV: The Contract includes:
(a) The Technical Specifications;
(b) Safety, Health and Environment Guidelines; and
(c) Other appendices to the Contract.
Bidders shall submit their Bids for performance of the Works based on the Contract and
the Technical Specifications. The Technical Specifications, Safety, Health and
Environment Guidelines will form part of the signed Contract at the time of award of
contract(s).
3.0 PROJECT DESCRIPTION
3.1. General
The information in this section is provided for the general guidance of the Bidders
Owner and its ODISHA COAL AND POWER LIMITED
registered office Ground Floor, Zone-A, Fortune Towers, Chandrasekharpur-
751023, Bhubaneswar
Project Consultant M/s Architects' Studio, Bhubaneswar.
Proposed Project Construction of Manoharpur Township Complex at Sarbahal,
Hemgir, Sundargarh, Odisha.
Location Village – Sarbahal, Tahsil – Hemgir, District – Sundargarh, State -
Odisha, India.
Access to Project Road – Belpahar on NH-200 is 26 km from Hemgir.
Nearest Rail - Hemgir Railway Station on Howrah – Mumbai
railway line is around 12 kms from Hemgir.
Air Port – Nearest Airport is Bhubaneswar / Kolkata
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3.2. Project Brief

The land available for the Project is 24.28 Acres. It is proposed to construct a colony with
residential quarters for the employees and to provide amenities as per Section 3.4 below
and the Contract. Infrastructure facilities, electricity, road, water supply, drainage and
horticulture are also to be provided by the Contractor in the new colony. Development
and maintenance of new plantation and horticulture, and maintenance of landscape are
very important features of the Project and will be a part of the scope of Work of the
Contractor for one year from the completion and handover of the colony to the Owner.
The timely completion of the Project is extremely essential and the scheduled time for
completion of the Works is 24 (Twenty-Four) months from the date of issuance of Notice
to Proceed (NTP) in terms of the Contract.
3.3. Project Scope

The scope of Work for the Project includes, in relation each building, complete civil, water
supply and sanitations (PH), interiors, electrical, firefighting, heating, venting and air
conditioning (HVAC) system, installation of CCTV, WIFI internet, roof top solar energy and
water heating system for the individual building, installation of one elevator, provision
for second elevator, land development like soft scape, hardscape of the surrounding area
and its maintenance for 01 (one) year from date of completion and hand over of the
Project to the Owner. In addition to these works, utility services like external water
supply, drainage, sewerage system and external electrification are a part of the
Contractor's scope of Works, in relation to each building. The Project is required to be
completed within the timeline prescribed in this RFP, with utmost care for construction
safety and maintaining high standard in quality.
3.4. Scope of Works

A. Scope of Works:
Appendix Name of the package

B1. Construction of Bungalow (Duplex type) –2 blocks
B2. Construction of Senior Level Executive's(S+3) Apartment- 2 blocks (10
units).
B3. Construction of Middle Level Executive's(S+3) Apartment– 2 blocks (24
units).
B4. Construction of Lower Level Executive's (G+3 & S+3) Apartment - 3 blocks
(44 units).
B5. Construction of Non-Executive’s Apartment (G+3) -1 block (24 units).
B6. Construction of Service provider’s Apartment(s+3) - 1 block (12 units).
B7. Construction of Guest House Building (G+2) - 1 block.
B8. Construction of Community Facility Building (G+1) - 1 block.
B9. Construction of Facility Management Building (G+1) – 1 block.
B10. Construction of Shopping Complex Building (G+1) - 1 Block.
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B11. Construction of Indoor Sports Complex Building (G+1) - 1 Block.

B12. Construction of Dispensary Building (G+1) - 1 Block.
B13. Construction of School- 1 Block.
B14. Construction of Worshipping Complex- 1 No.
B15. Construction of Bus Bay and Parking Bay- 4 Nos.
B16. Construction of KIOSK
B17. Construction of Gate Complex- 1 No.
B18. Interior Furnishing work
B19. Construction of External Development, Boundary wall, Road, Drain &
Culvert.
B20. Construction of External Water Supply and External Sewerage System
including water supply distribution line, Unfiltered water supply
distribution lines, Overhead and Underground power supply lines, Pump
house, pumping unit, sewer line, Sewage Treatment Plant.
B21. Construction of External Electrification system including substation,
External panel, Transformer, HT/LT cable, Street light and Boundary wall
light, External CCTV system, Boom Barrier, Solar fencing, solar power
system etc.
B22. Provide and Commissioning of HVAC System.
B23. Provide and Commissioning of Firefighting & detection system.
B24. Development work of landscape- softscape & Hardscape, Signage Etc.
B25. Provide and commissioning of lift Machine.
(Note: - Packages B1 to B14 are inclusive of civil, internal P.H, internal electrification,
internal CCTV, Wifi, data, etc.)
The work will be performed following the Technical Specifications, Good Industry
Practices, IS Codes, other Applicable Law and the Safety, Health and Environment
Guidelines.
The detailed scope of Work is mentioned in Bill of Quantities of each package and
Technical Specifications are set out at Annexure-I (Technical Specification) of Part-IV of
the RFP.
3.5. Project Administration
3.5.1. Services of Project Consultant

OCPL has engaged M/S Architects' Studio for detail concept plan, layout, design, drawing,
estimation and periodic construction supervision during execution of this Project.
M/S Architects' Studio, Bhubaneswar (Project Consultant) is vested with:
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 Design, drawing, estimation of all facilities in this Project;

 Preparation of all working drawing;
 Assist in providing layout;
 Provide modification to any construction document, if required;
 Assist Owner in providing any clarification/interpretation of the document to be
shared with Contractor from time to time;
 Provide any related additional drawing, if required; and
 Assist in preparing of monthly progress reports on the Project.
3.5.2. Engagement of quality assurance / quantity check consultant for monitoring the
quality of work:
OCPL may hire services of a quality assurance/quality control (QA/QC) team in due
course of time for routine construction supervision and quality assurance. The QA/QC
agency would be assigned following tasks:
 Quality check for the entire work.
 Detail measurement for billing.
 Material quality and quantity check.
 Status reporting.
3.6. Qualification Requirements of Bidder:

Bidders shall meet both the technical & financial qualification requirements and other
eligibility criteria stated in Section 3.6.1, Section 3.6.2 & section 3.6.3 of the ITB to become
a qualified Bidder.
3.6.1. Technical Qualification Requirements to be met by the Bidder:

(a) The Bidder shall be a company, corporation or entity registered in India (copy of
company/firm registration certificate needs to be submitted).
(b) During the Seven (7) Years preceding the Bid Submission Deadline Bidders must
have:
(i) Satisfactorily completed and handed over to a client or government authority,
Three (03) Eligible Projects in India, each costing at least Rs. 40.00 Crores
(Rupees Forty Crores Only) excluding Taxes; or
(ii) Satisfactorily completed and handed over to a client or government authority,

Two (02) Eligible Projects in India, each costing at least Rs. 50.00 Crores
(Rupees Fifty Crores Only) excluding Taxes; or
(iii) Satisfactorily completed and handed over to a client or government authority,

One (01) Eligible Project in India costing at least Rs. 80.00 Crores (Rupees
Eighty Crores Only) excluding Taxes.
as evidenced by the issuance of a completion certificate by the relevant Government

authority/client, certifying the project cost and that the Eligible Projects have been
completed in terms of the agreement executed for such Eligible Projects. Bidders shall
also submit photographs of work completed by them which is being relied on for the
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technical qualification requirement.

(Eligible Project: For the purposes of the RFP, an "Eligible Project" means the
construction of multi storied residential units for mass housing project made of RCC and
or masonry structure / residential towers, with infrastructural facilities like roads,
drainage, water supply, and electrical work and out a single location.)
The Bidders shall submit copies of work orders and completion certificates indicating
value of the work, date of commencement and completion along with its Bid, failing which
its Bid will not be evaluated further. The Bidders are required to go through the
qualification requirement criteria carefully and submit all the required documents to
meet the qualification requirements as required. The Owner may not make any
correspondence with the Bidders on this subject.;
It is clarified that the Bidder may not rely on the technical qualifications of its
parent/affiliate company for the purposes of its Techno-Commercial Bid.
3.6.2. Financial Qualification Requirement to be met by the Bidder

The Bidder shall meet the following financial qualification requirements:
(a) Annual Turnover
The Average Annual Turnover of the Bidder in the three (3) Financial Years
immediately preceding the Bid Submission Deadline shall be at least Rs. 30.00
Crores (Rupees Thirty Crores Only).
For the purposes of the RFP, "Average Annual Turnover" means the gross
amount of revenue recognised in the profit and loss account of an entity from the
services rendered, or both, during a Financial Year.
(b) Net Worth
The Net Worth of Bidder, as of the last day of the last audited Financial Year prior
to the Bid Submission Deadline, shall be positive.
For the purposes of the RFP, "Net Worth" means, in case of a trust or a society,
the sum of available corpus and reserves. In case of other entities eligible to bid
for the Project, including companies, Net Worth means the aggregate value of the
paid-up share capital and all reserves created out of the profits and securities
premium account, after deducting the aggregate value of the accumulated loses,
deferred expenditure and miscellaneous expenditure not written off, as per the
audited balance sheet, but does not include reserves created out of revaluation of
assets, write back of depreciation and amalgamation.
It is clarified that the Bidder may not rely on the financial qualifications of its
parent/affiliate company for the purposes of its Price Bid.
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(c) Documents to be submitted
The Bidders shall, to evidence their Average Annual Turnover and Net Worth
requirements, submit annual reports / audited financial statements, including
balance sheet, statement of profit and loss/profit and loss account, accounting
policy and notes on account and related schedule for last three Financial Years
preceding the Bid Submission Deadline. In case last year account has not been
audited, above statement certified by a practicing Chartered Accountant shall be
submitted.
3.6.3. Other eligibility criteria
(a) If a Bidder have been barred by the Government of India (GoI), any State
Government, or any of its instrumentalities from participating in any project or
being awarded any contract [of the nature of building construction] and the bar
subsists on the Bid Submission Date, such Bidder will not be eligible to submit a
Bid.
(b) In the 3 Financial Years immediately preceding the Bid Submission Date, the
Bidder has not,
(i) failed to perform any contract, as evidenced by the imposition of a penalty by

an arbitral or judicial authority or arbitration award or a judicial
pronouncement against such Bidder, as the case may be;
(ii) been expelled from any project or contract by the GoI or any State Government,
or its instrumentalities; or
(iii) had any contract terminated by the GoI or any State Government, or its
instrumentalities for default in performance or breach by such Bidder, as the
case may be.
(c) The Bidder is not affected by and has not been affected by any of the following
events, conditions or circumstances in the 3 Financial Years immediately
preceding the Bid Submission Date, as certified by the statutory auditor of the
Bidder:
(i) the Bidder undergoing any corporate debt restructuring or similar process
under the laws of the country of its incorporation;
(ii) the Bidder having been categorized as a willful defaulter in accordance with
the laws of India; or
(iii) the Bidder is not insolvent and no proceedings under the Insolvency and
Bankruptcy Code, 2016 have been initiated against the Bidder or its
controlling shareholders which are ongoing. It is clarified that OCPL reserves
the right to reject a Bidder's Bid at any time prior to the execution of the
Contract and forfeit the Bid Security if it discovers any disqualification
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specified in this Section 3.6.3 to be applicable to the Bidder. Provided that if

the Bidder itself makes a disclosure relating to the above disqualifications
along with the Bid, OCPL will not invoke the Bid Security.
4.0 BIDDING PROCESS

Owner intends to conduct a two-stage competitive bidding (CB) process including an e-
reverse auction.
4.1. Stages of Bidding:
Stage-I:
The bidding process requires the Bidders to submit their Techno-Commercial Bid and
Price Bid at the same time in separate sealed envelopes to be opened and evaluated at
different times. Each Bid and associated process is described below:
Part I: Techno-Commercial Bid

The Techno-Commercial Bids of the Bidders that are responsive to the requirements of
the RFP will be evaluated as per the criteria specified in Section 6.7.1 and 6.7.26.7.2 of
the ITB . If the Techno Commercial Bid of a Bidder meets the specified qualification and
eligibility requirements in section 3.6.1 and 3.6.3, then that Bidder shall be declared as
qualified bidder by OCPL.
Part II: Price Bid

Price Bids of those Bidders who are declared qualified as per Part I of Section 4.1of the
ITB above will be opened and evaluated as per the evaluation criteria specified in Section
18.0 of the ITB. Bidders whose Price Bids are responsive to the requirement of the RFP
will be declared as the "Shortlisted Bidders".
Stage-II: Reverse Auction

After opening of Price Bids, Owner shall conduct an e-reverse auction for the Shortlisted
Bidders in which the lowest Price Bid received will serve as the ceiling price for the e-
reverse auction process. E-reverse auction shall be conducted on M/S MSTC portal. The
details of the e-reverse auction process are described in Section 19.0 of the ITB. After
completion of the e-reverse auction process, the Shortlisted Bidder who quotes the lowest
price in the e-reverse auction process will be declared as the "Successful Bidder" to
whom the Contract will be awarded to execute the Work. If there is no participation in the
e-reverse auction, OCPL may proceed to declare the Shortlisted Bidders who quoted the
lowest price in its Price Bid as the Successful Bidder.
4.2. Bidding Schedule:

Start Date for collecting the RFP 13/09/2018
Last date for collecting the RFP 05/10/2018
Last date for receipt of written queries from Bidder's, if any 09/10/2018
Site visit 11/10/2018
Pre- Bid Meeting (Indicative) 15/10/2018
Last date of Owner's written response to Bidder's clarifications, if any 22/10/2018
Page 15 of 41
Last Date of Submission of Bids (Bid Submission Deadline) 15:00 Hrs (IST)
on 29/10/2018
Opening Date of Techno- Commercial Bid (Bid Opening Date) 15:30 Hrs (IST)
on 29/10/2018
Opening Date of Price Bid (indicative) 11:00 Hrs (IST)
on 05/11/2018
E-Reverse Auction (Indicative) 14:00 Hrs (IST)
on 05/11/2018
Award of contract (Indicative) 15/11/2018
5.0 GENERAL BIDDING GUIDELINES AND INSTRUCTION TO BIDDERS
5.1. Inspection Prior to Bid

Bidders shall:
i. Become familiar with the Site and the surrounding areas, the Technical
Specifications, Contract and other information set forth in the RFP, and
ii. Make a complete and careful examination to determine the nature and extent of
the difficulties and hazards associated with the performance of the Work and
other work hereunder, including but without limitation to:
 Location of the Site where the Works are to be performed;

 Condition of the Site and the surrounding areas;
 Proximity of the Site to adjacent facilities and structures;
 Nature of the soil, sub-soil, terrain, groundwater and other subsurface
condition of the Site.
 Existence of any Hazardous Substance and its disposal or treatment,
including any work necessary to prevent the migration of Hazardous
Substances including the contamination of water resources;
 Condition of the roads and waterways in the vicinity of the Site, including the
conditions affecting shipping and transportation, access, disposal, handling
and storage of materials;
 Nature and location of local communities;
 Applicable Laws, Permits, import and clearance procedures, Taxes and real
estate rights;
 Ambient conditions;
 Local weather conditions;
 Safety norms of OCPL;
 Local labour laws, labour wages applicable for mines, working conditions;
 Availability of labour and materials like brick, sand, chips, metal etc.; and
 Any other matters relevant & might affect the schedule & performance.
(collectively the "Site Conditions")
Page 16 of 41
5.2. Bidders' Due Diligence Complete

The submission of a Bid shall be conclusive evidence that the Bidder has familiarized itself
with all the Site Conditions. Further, it shall be deemed that by submitting the Bid, the
Bidder has:
i. made a complete and careful examination of the RFP;

ii. received all relevant information requested from the Owner;
iii. accepted the risk of inadequacy, error or mistake in the information provided in
the RFP or furnished by or on behalf of the Owner ; and
iv. agreed to be bound by the undertakings provided by it under and in terms hereof.
The Owner shall not be liable for any omission, mistake or error with respect to any of the
above or on account of any matter or thing arising out of or concerning or relating to the
RFP or the bidding process, including any error or mistake therein or in any information
or data given by the Owner.
The cost of visiting the Site and collecting information for the purpose of submission of
the Bid shall be to the Bidders' account.
5.3. Requests for Clarifications

If the Bidder has any doubt as to the meaning or intent of any sections hereof or requires
additional information, the Bidder may request such additional information or
clarification from Owner. Owner shall only consider written requests, either by facsimile
or by e-mail, received on or before the last date for receipt of written questions from
Bidders in accordance with Section 4.2 of the ITB.
Owner shall endeavor to respond to such requests received in accordance with the RFP
but shall not be obliged to do so. In instances, where the Owner, at its discretion makes
any responses, that it believes to be of significance to all Bidders, such responses will be
made available to all Bidders who have purchased the RFP.
Should any clarification sought by the Bidders require changes to the RFP, which in turn
necessitate an extension to the Bid Submission Deadline, Owner may extend the Bid
Submission Deadline. All changes to the RFP including any extension to the Bid
Submission Deadline will be made formally by issuance of an amendment to the RFP
(collectively the "Amendments")
5.4. Amendments Issued to this RFP

The Owner reserves the right to issue any Amendments to the RFP without assigning any
reason thereto. The Amendment(s) will be notified on the OCPL’s website i.e
www.ocpl.org.in only. On and from the date on which an Amendment is issued on the
OCPL’s website, the Amendment shall form part of the RFP and shall be binding on the
Bidders. Bidders shall keep themselves updated of any Amendments by periodically
visiting the OCPL’s website. OCPL shall also endeavor to inform Bidders of any
Amendment(s) through e-mail, however, OCPL shall not be responsible towards the
Bidders in any manner for not doing so.
Page 17 of 41
The Bidder shall not object to any Amendment(s). Any such objection by the Bidder at any
stage during the bid process shall make the Bidder's Bid liable for rejection by the Owner.
If the Bidder has already submitted its Bid prior to issuance of any Amendments, the
Bidder may submit an addendum to its Bid, only responding to the Amendment(s) by
submitting an envelope marked as "Addendum Bid" or it shall be free to re-submit a fresh
Bid marked on the envelope as "Amended Bid" in which case the original Bid submitted
by such Bidder shall be returned un-opened on the Bid Opening Date. The Addendum Bid
or Amended Bid, as the case may be, shall be submitted by the specified time on the Bid
Submission Deadline.
At any time prior to the specified time on the Bid Submission Deadline, the Owner may,
for any reason, whether at its own initiatives or in response to a clarification by a
prospective Bidder, modify the RFP through Amendment(s).
The Owner may, at its sole discretion, extend the Bid Submission Deadline, in order to
allow the prospective Bidders a reasonable time in which to take the Amendment(s) into
account in preparing their Bids.
5.5. Bid Preparation – Exceptions/Deviations
No exceptions and/or deviations shall be allowed in the Techno-Commercial Bid. Bids

with exception, deviations, conditions or qualifications of any kind shall be liable for
rejection.
5.6. Bid Submission

The Bidder has to submit the Bid for the entire Scope of Work as per Section 3.4 of the
ITB.
The Bid shall be submitted in the form of printed documents as specifically mentioned in
Section 6.3 of the ITB. The Bidders shall take all responsibility for submitting the Bids by
the specified time on the Bid Submission Deadline. Bids not received by the specified time
on the Bid Submission Deadline shall be rejected. The Owner will not accept any postal
delay or other reasons for non-receipt/non-delivery of the Bids by the Owner.
The Bid shall be printed and signed by the authorized signatory of the Bidder who shall
also initial each page in blue ink. The Bid shall contain a table of contents, page numbers
and shall be bound together in hard cover. Submission shall be in the form of One (1)
printed original and One (1) photo copy. In case of any discrepancies between the original
and the photo copy, the original document shall prevail.
5.7. Language
The Bid prepared by the Bidder, and all correspondence and documents relating thereto,
shall be in the English language. English shall be the binding and controlling language for
all matters relating to the meaning or interpretation of the RFP and Bid.
Page 18 of 41
Any document furnished by the Bidder may be in another language, as long as such
document is accompanied by an English translation, in which case, for purposes of
interpretation of the Bid, the English translation shall take precedence. If any document
submitted by a Bidder is in a local language, then the English translation must be certified
by an advocate and notarised in India. Supporting materials which are not translated into
English or certified/notarised in accordance with this Section 5.7 will not be considered
by the Owner.
5.8. Corrections and Erasures

No erasures or over writings shall be permissible. Bidders shall clearly indicate changes
using strike through and rewrite any required minor changes with clear approval
signified by initials of the authorized person(s) signing the Bid.
All alterations, omissions, additions, changes or any other amendments made in the Bid
shall be initialed by the authorized person(s) signing the Bid.
5.9. Extension of Bid Submission / Bid Opening Date

Owner may, at its sole discretion, decide to extend the Bid Submission Deadline and / or
Bid Opening Date within the Bid Validity Period. In such a case, all rights and obligations
of Owner and that of Bidders previously subject to the Bid Opening Date will thereafter
be subject to the new Bid Opening Date.
5.10. Modification and Withdrawal of Bids

The Bidder may modify, substitute or withdraw its Bid after submission, provided that
written notice of the modification, substitution or withdrawal is received by the Owner
before the specified time on the Bid Submission Deadline.
The modification, substitution or withdrawal notice shall be prepared, sealed, marked

and declared in accordance with the stipulations of RFP, with the envelopes being
additionally marked "MODIFICATION", "SUBSTITUTION' or "WITHDRAWAL", as
appropriate.
No Bid shall be modified, substituted or withdrawn by the Bidder at any time after the
specified time on the Bid Submission Deadline. Any modification, substitution or
withdrawal of a Bid after the Bid Submission Deadline shall entitle Owner to reject the
Bid and forfeit the Bid Security.
5.11. Rejection of Bids

Any Bid received by the Owner after the specified time on the Bid Submission Deadline
will be rejected outright and returned to the Bidder.
Bids submitted by fax or e-mail/facsimile will not be treated as valid and rejected
outright.
Bids not containing all the information sought in the RFP will be rejected.
The Bidder has to submit the Bid for the entire Scope of Work as per Section 3.4 of the ITB
Page 19 of 41
and, the Owner may reject the Bid not containing the full scope of Work.
5.12. False or Misleading Claims

If the Bidder conceals any material information or makes a wrong statement or
misrepresents facts or makes a misleading statement, in any manner whatsoever, the
Owner may in its absolute discretion reject any Bid that in the reasonable opinion solely
of the Owner contains any false or misleading claims or statements. The Owner shall have
no liability to any Bidder for rejecting any such Bid. The Owner may verify the authenticity
of the documents submitted by the Bidder from the issuing/sanctioning authority without
notifying the Bidder and if there is any discrepancy found between the document
submitted along with the Bid and the reply received from issuing/sanctioning authority
of those documents, the Bid is liable to be rejected.
5.13. Owner's right to accept any Bid and to reject any or all Bids
Owner reserves the right to accept or reject any Bid or to cancel the bidding process and
reject all Bids at any time prior to award of the Contract, without assigning any reasons
thereof and Owner shall not entertain any claim whatsoever on this account. The Bidder
shall have no claim against Owner in case its Bid is rejected or the bidding process is
annulled.
5.14. Bidding cost

The Bidder shall bear all costs and expenses associated with the preparation and
submission of its Bid and Owner shall under no circumstances be responsible or liable for
any such costs, regardless of, without limitation, the conduct or outcome of the bidding,
evaluation and selection process.
5.15. Bid clarifications

During the Bid evaluation, the Owner may, at its discretion, ask the Bidder for
clarifications on its Bid. Based on Owner's evaluation, and at Owner's sole discretion,
Bidders may be given an opportunity to clarify their Bids in all respects to achieve
compliance with the RFP. Bid clarifications shall be made in writing and addressed to
Owner as specified in Section 5.3 of ITB.
5.16. Bid Validity Period
5.16.1. Initial Bid Validity

All Bids shall remain valid for a period of 180 (One Hundred Eighty) days from the Bid
Submission Deadline or any extended date agreed in accordance with Section 5.16.2
below ("Bid Validity Period"). Each Bid shall indicate that it is a firm and irrevocable
offer. Non-adherence to this requirement will be a ground for declaring the Bid as non-
responsive. In case of the Bidder revoking or withdrawing/cancelling its Bid, varying any
term of the Bid during the validity period of the Bid without the written consent of the
Owner, the Bid submitted shall be liable for rejection and will entail forfeiture of the Bid
Security paid/submitted along with the Bid.
Page 20 of 41
5.16.2. Extension of Initial Bid Validity Period

The Owner will endeavor to complete the bid process within the initial Bid Validity Period
of 180 days from the Bid Submission Deadline, however, should the need arise, the Owner
may request all the Bidders for an extension to the Bid Validity Period of the Bids. The
Owner's request and the Bidder's response thereto will be in writing. If the Bidder agrees
to an extension of the Bid Validity Period, the extension of validity period by the Bidder
shall be done unconditionally without any change to the Bid. In such a case, the validity
of the Bid Security shall also be extended to match the extended Bid Validity Period. Any
extension of the Bid Validity Period not accompanied by extension of the Bid Security shall
not be accepted and the Bid of such Bidder shall be liable for rejection.
5.17. Ownership of Bids and Responses

Without affecting any intellectual property rights, which may exist in a Bid, all Bids
submitted will become the property of the Owner. The Owner reserves the right to copy
and reproduce, for Owner's own internal use, Bids for the purposes of evaluation,
clarification, negotiation and/or Contract execution and anything else related to these
purposes. In addition, the Owner will retain (electronic and physical) copies of all Bids,
evaluation materials, negotiation materials or such other materials as are required for the
discharge of its legal obligations and in order to efficiently and effectively manage the
Contract entered into with the Successful Bidder.
5.18. Details and Signature of Bidder

The Bid shall contain the name, residence and place of business of person(s) making the
Bid and shall be signed by the authorized signatory of the Bidder. A power of attorney
appointing the authorized signatory along with requisite board resolution granting the
person issuing the power of attorney the right to issue the power of attorney in favour of
the authorized signatory shall accompany the Bid.
5.19. Fraud and Corruption

Bidders are expected to observe the highest standard of ethics till execution of Contract
and not to indulge in any corrupt practice, fraudulent practice, coercive practice,
undesirable practice or restrictive practice. In pursuit of this policy, the Owner defines,
for the purposes of this provision, the terms set forth below as follows:
"Corrupt practice" means the offering, giving, receiving, or soliciting of anything of value
to influence the action in the bidding process or in Contract execution including
influencing or bribing the Consultants and employees of Owners ;
"Fraudulent practice" means a misrepresentation or omission or suppression of facts or

disclosure of incomplete facts in order to influence the procurement process or the award
of the Contract and includes collusive practices among Bidders (prior to or after Bid
submission) designed to establish Bid prices at artificial, non-competitive levels and to
deprive the Owner of the benefits of competition;
"Coercive practice" means impairing or harming or threatening to impair or harm

directly or indirectly, any person or property to influence any person's participation or
Page 21 of 41
action in the Bidding Process;
"Undesirable practice" means (i) establishing contact with any person connected with
or employed or engaged by the Owner with the objective of canvassing, lobbying or in any
manner influencing or attempting to influence the Bidding Process; or (i) having a conflict
of interest as stated in Section 5.20 of the ITB; and
"Restrictive practice" means forming a cartel or arriving at any understanding or

arrangement among Bidders with the objective of restricting or manipulating a full and
fair competition in the Bidding Process.
5.20. Conflict of Interest

Bidders must state in its bid, any circumstances, arrangements, understandings or
relationships that constitute, or may reasonably be considered to constitute, an actual or
potential conflict of interest with its obligations under this RFP or under any contract
which may be negotiated or executed with the Owner. Bidders and their employees,
agents, advisers and any other person associated with the Bidder must not place
themselves in a position which may, or does, give rise to a conflict of interest (or a
potential conflict of interest) between the interests of the Owner or any other interests
during the Bidding Process.
A Bidder shall not have a Conflict of Interest. Any Bidder found to have a Conflict of
Interest will be disqualified. A Bidder shall be considered to have a "Conflict of Interest"
if the Bidder:
(a) Controls, is Controlled by or is under common Control with any of the other
Bidders;
(b) receives or has received any direct or indirect subsidy, grant, loan, subordinated
debt or other funded or non-funded financial assistance from any of the other
Bidders;
(c) has direct or indirect shareholding in any other Bidder. Provided that this
disqualification shall not apply in cases where the direct or indirect shareholding
of a Bidder, or an Associate in the other Bidder or its Associate is less than 5% of
the subscribed and paid up equity share capital thereof; provided further that this
disqualification shall not apply to any ownership by a bank, insurance company,
pension fund, multilateral institution or a public financial institution referred to
in subsection (72) of section 2 of the Companies Act, 2013;
(d) has hired or appointed the same legal, financial or technical advisor as those hired
by any of the other Bidders for this Project;
(e) has a relationship with any of the other Bidders, directly or through common third
parties, that puts them in a position to have access to information that may
influence the Bid of one or more of such Bidders, or influence the decisions of the
Owner regarding the Bid process;
Page 22 of 41
(f) submits more than one Bid for the Project either individually or through an
Associate. This will result in the disqualification of all such Bids submitted by the
Bidder and/or its Associates; or
(g) has participated directly or through an Associate as a consultant or advisor in the

preparation of the design of or technical specifications for the Project.
A Bidder eventually appointed for performing the Work, and its Associates, shall be
disqualified from subsequently providing any services related to the construction and
operation of the same Project and any breach of this obligation shall be construed as
Conflict of Interest; provided that the restriction herein shall not apply after a period of 1
(one) years from the completion and handover of the complete Works; provided further
that this restriction shall not apply to any services performed for the Owner in
continuation of this Project or to any subsequent services performed for the Owner in
accordance with the rules of the Owner.
5.21. Bid Ownership

Bid submitted by the Bidder on or before specified time on the Bid Submission Deadline
shall become the property of the Owner and the Owner shall have no obligation to return
the same to the Bidder.
5.22. Confidentiality
Information relating to examination, evaluation and recommendation for selection of
Successful Bidder will not be disclosed to any person who is not officially concerned with
the process or is not a retained professional advisor advising the Owner in relation to, or
matters arising out of, or concerning the bidding process. The Owner will treat all
information, submitted as part of the Bid, in confidence and will require all those who
have access to such material to treat the same in confidence. The Owner may not divulge
any such information unless it is on a need basis and it is directed to do so by any statutory
entity that has the power under law to require its disclosure or is to enforce or assert any
right or privilege of the statutory entity and/or the Owner or as may be required by law
or in connection with any legal process. In the event the Owner is required to divulge any
information, it will make best endeavors to maintain confidentiality of the information
held by it and divulge only that information which it is required to.
This RFP and the information contained herein are confidential and privileged and are for
the exclusive use of the party to whom it is issued. This RFP must not be copied or
distributed by the recipient to third parties (other than, to the extent required by the
Applicable Laws or in confidence to the recipient's professional advisors, provided that
such advisors are bound by confidentiality restrictions at least as strict as those contained
in this RFP).
Page 23 of 41
6.0 BIDDING PROCEDURE APPLICABLE (TECHNO-COMMERCIAL BID)
6.1. Issue of RFP Document

The Notice Inviting Tender (NIT) and Instruction to Bidders (ITB) of the RFP shall be
available at OCPL's website, i.e. www.ocpl.org.in from 13/09/2018 onwards. However,
Bidders shall purchase and collect the complete RFP (in person only) from 13/09/2018
onwards during working days and office hours i.e 10:00 AM to 5:00 PM from the
registered office of the Owner at Bhubaneswar (as mentioned below) through a written
request to the undersigned by paying Rs. 59,000/- (Rupees fifty nine thousand Only)
inclusive of GST @ 18% only in the form of a demand draft issued in favour of "Odisha
Coal and Power Ltd." payable at Bhubaneswar. Last date for collection of RFP is
mentioned at Section 4.2 of the ITB.
6.2. Techno Commercial Bid Preparation and Submission

Bidder shall submit the Techno Commercial Bid in the formats provided as per Part - II of
the RFP. Guidelines mentioned below shall be used for submitting the Techno
Commercial Bid.
6.3. Techno Commercial Bid Submission

Bidder shall include with its Techno Commercial Bid a signed copy of each Amendment
issued (if any) prior to the specified time on the Bid Submission Deadline. The Bidder
shall submit one original printed set of the Techno Commercial Bid pursuant to this RFP
clearly marking the envelope in which it is submitted as "ORIGINAL". In addition, the
Bidder shall submit One (1) photo copy of the Techno Commercial Bid in an envelope
clearly marked as "COPY". The envelopes containing the ORIGINAL and the COPY shall be
submitted together as part of a larger envelope marked as "TECHNO COMMERCIAL BID".
The Techno Commercial Bid shall be printed and signed by the authorized signatory of
the Bidder who shall also initial each page in blue ink. All the alterations, omissions,
additions or any other amendments made to the Techno Commercial Bid shall be initialed
by the Bidder's authorized signatory. The Techno Commercial Bid shall contain a table of
contents, page numbers and shall be bound together in hard cover.
The Bid Security and the Techno Commercial Bid shall be submitted in two separate
sealed envelopes with the Bidder's name and address clearly indicated. The envelope
containing Bid Security shall be super scribed as "Bid Security" and the envelope
containing "Techno Commercial Bid" shall be super scribed as "Techno Commercial Bid".
First Envelope
 Bid Security as per the Bid Security form (Annexure-A)
Second Envelope
 Covering letter from the Bidder as per Annexure – B.
 Declaration and authorizations as per section – A of the covering letter of the
Bidder.
 Organizational details and qualifications as per section – B of the covering letter
Page 24 of 41
of the Bidder.
 Techno-Commercial Bid details as per section – C of the covering letter of the
Bidder.
 Bidders shall submit, as a part of Techno Commercial Bid, a signed copy of
Contract Completion Schedule provided in Appendix C of PART IV, Contract
appendices.
 Bidders shall submit, as a part of Techno Commercial Bid, a signed copy of
Liquidated Damage Schedule provided in Appendix A of PART IV, Contract
appendices.
If the envelopes are not sealed and marked as instructed above, the Owner assumes no
responsibility for the misplacement or premature opening of the contents of the Techno
Commercial Bid and consequential losses, if any including of the rejection of Bid, suffered
by the Bidder.
It is essential that the Bidder submits the Techno Commercial Bid as per above covering
letter and the requested information is provided by the Bidder as per Appendix 1 to 09 of
the covering letter.
Techno Commercial Bids that are not prepared and submitted in accordance with these
submission requirements may be considered non-compliant and rejected.
Techno Commercial Bids and Bid Security received up to 15.00 hrs (Indian Standard Time
(IST)) on the Bid Submission Deadline shall be opened on the same day at 15.30 hrs (IST)
in the office of the Owner.
The Bidder shall provide all information sought under this RFP. The Owner will evaluate
only those Techno Commercial Bids that are received in the required formats Appendix 1
to 09 and complete in all respects. Incomplete and/or conditional Techno Commercial
Bids are liable to be rejected.
Techno Commercial Bids received by the Owner after the specified time on the Bid
Submission Deadline shall not be eligible for consideration and shall be summarily
rejected.
6.4. Bid Security
6.4.1. Bid Security to be submitted by Bidders

Bidders must furnish a bank guarantee in favour of Odisha Coal and Power Limited for
amount of Rs. 1,00,00,000/- (Rupees One Crore Only) (the "Bid Security") along with
its Techno Commercial Bid
6.4.2. Forms of Bid Security

The Bid Security offered shall be in the form of an unconditional, irrevocable, valid and
fully enforceable on-demand bank guarantee, from a scheduled commercial bank licensed
to conduct business in India and acceptable to the Owner, as per the format indicated in
Page 25 of 41
Annexure– A. Bidders are required to verify with OCPL in advance of the Bid Submission
Deadline, OCPL's willingness to accept the Bid Security issued by the proposed issuing
bank.
No interest shall be payable by Owner on the Bid Security. The Bid Security shall be
unconditional and shall be kept valid till 60 days beyond Bid Validity Period or any
extended date in accordance with Section 5.16.2 of the ITB.
6.4.3. Consequence of Non Submittal of Bid Security

Techno Commercial Bid not accompanied by the requisite Bid Security or Techno
Commercial Bid accompanied by Bid Security of inadequate value or not valid for Bid
Validity Period shall not be entertained and shall be returned to the Bidders without being
opened.
6.4.4. Bid Security Forfeiture

The Bid Security furnished by the Bidder shall be forfeited:
a) If a Bidder withdraws or modifies unilaterally its Bid during the Bid Validity
Period; or
b) If, during evaluation of Price Bids, the Owner ascertains that there is discrepancy
in the Bid price due to arithmetical error or submission made as part of Bid, and
on communicating such error to the Bidder, the Bidder does not accept the
proposed correction of errors; or
c) If, in the event that the extended Bid Validity Period is accepted by the Bidder as
provided for in Section 5.16.2 of the ITB above, and the Bidder fails to comply with
any condition of re-validation or confirmation or fail to deliver a replacement Bid
Security within the timeframe notified by Owner; or
d) In the case of Successful Bidder, if such Bidder fails within the specified time limit
to:
 furnish the acceptance of letter of award; or

 fails to submit Contract Performance Guarantee/Security; or
e) If the Bidder provides false, fraudulent or misleading information or documents

in order to qualify in the bidding process.
6.4.5. Return of Bid Security
a) The Bid Security of the Successful Bidder to whom a Contract is awarded, will be
returned after the said Bidder has submitted the Contract Performance Security
specified in the Contract and the Contract Performance Security is accepted by the
Owner after due verification in accordance with the OCPL's procedure in force
from time to time.
b) The Bid Security of unsuccessful Bidders will be returned after execution of the
Page 26 of 41
Contract with the Successful Bidder.
6.5. Contract Performance Security

In the event of award of Contract, the Successful Bidder shall be required to submit
Contract Performance Security as specified in Section 22 of the ITB below.
6.6. Evaluation Criteria

The Bids submitted by the Bidders would be opened in presence of the Owner's
representative/consultant. The evaluation of the Bids will be carried out by the Owner's
representative/consultant.
The Bids submitted by the Bidder shall be scrutinized to establish their "responsiveness"
with the RFP. Any of the following conditions may cause a Bid to be deemed "non-
responsive" by OCPL and shall not be evaluated.
i. Bid not received by the specified time on the Bid Submission Deadline.
ii. Bid Security is not submitted along with the Bid.
iii. Required information not submitted in the Bid to be evaluated and/or
information not submitted in specified formats.
iv. Bid not signed by authorized signatory and / or sealed in the manner and to the
extent indicated in this bid.
v. Bid not accompanied by proper authorisation in favour of authorised signatory
for signing of Bid.
vi. Bid not including the covering letter as per format provided;
vii. Bid not including information as per prescribed format.
viii. Bid having Conflict of Interest.
6.7. Techno-Commercial Bid Evaluation
6.7.1. Technical Bid Evaluation

The technical bid will be evaluated for adherence to the Technical Specifications and
scope of Work and completeness of the information and undertakings provided by
Bidders.
6.7.2. Commercial Bid Evaluation

The commercial bid will be evaluated for adherence to the commercial terms and
conditions specified in this RFP. Evaluation of Bids will be carried out by OCPL. Bidders
declared as qualified pursuant to evaluation of their Techno-Commercial Bid shall be
intimated by OCPL to remain present for the opening of Price Bids. The date and time of
the opening of Price Bid shall be intimated to the qualified Bidders well in advance.
OCPL reserves the right to assess Bidder's capability and capacity to perform the Works
along with quality of execution by the Bidder based on field visit and feedback from other
government authorities for whom the Bidder has executed similar works. If the Owner
discovers any Bidder making false and misleading claims in their Techno-Commercial
Bids, such Bids shall be liable for rejection
Page 27 of 41
7.0 BIDDING PROCEDURE (PRICE BID)
7.1. Price Bid Submission

The Bidder shall submit one (1) original set and one (1) copy of the Price Bid, each in a
sealed envelope clearly marked "ORIGINAL" and "COPY" respectively. The envelopes
containing the ORIGINAL and COPY of the Price Bid shall be submitted in a larger sealed
envelope super scribed "Price Bid for Construction of Manoharpur Township
Complex at Sarbahal, Hemgir, Sundargarh, Odisha". If the envelopes are not sealed
and not marked as instructed above, the same may not be accepted.
The Owner will evaluate only those Price Bids that are received in the required formats
and complete in all respects. Incomplete and/or conditional Price Bids may be rejected.
Price Bids that are not prepared and submitted in accordance with Section 8.1 of the ITB
may be considered non-compliant and rejected.
The Price Bid shall be printed and signed by the authorized signatory of the Bidder who
shall also initial each page. All the alterations, omissions, additions or any other
amendments made to the Price Bid shall be initialed by the authorized signatory.
The date and time of opening of Price Bid shall be intimated to the qualified Bidders after
completion of evaluation of Techno-Commercial Bid.
8.0 PROCEDURE FOR SUBMISSION OF PRICE BID
8.1. Price Bid Submission

The Bidders, shall submit the Price Bid in sealed envelopes, as indicated below.
8.1.1. Envelope 1: Authorization to Bid

Bidders, as a part of Price Bid, shall submit the following mandatory documents.
 Authorization to Bid
 Photo copy of Bid Security
 The Envelope 1 shall be inscribed as "Envelope 1: Authorization to Bid" Submitted
by: ___________________ (name of Bidder)
In case the above-mentioned documents, duly signed and stamped by the Bidder are not
furnished along with the Price Bid in separately sealed Envelope 1, the Price Bid will be
rejected and returned to the Bidder without being opened.
8.1.2. Envelope 2: Certificate of Total Compliance

Bidders shall submit, as a part of Price Bid, a Certificate of Total Compliance stating their
unconditional compliance as per the format provided as Appendix-C of PART II, Price Bid
annexure ("Certificate of Total Compliance"). In case the Certificate of Total Compliance,
duly signed and stamped by the Bidder, is not furnished in a separately sealed Envelope
2, the Price Bid will be rejected and returned to the Bidder without being opened.
The Envelope 2 shall be inscribed as "Envelope 2: Certificate of Total Compliance"
Page 28 of 41
Submitted by: ___________________ (name of Bidder)
8.1.3. Envelope 3: Price Bid formats
8.2. Price Bid

Bidder shall furnish its price as per the Price Bid formats. It is mandatory to quote for all
items in the Price Bid formats. Any Price Bid containing zero or nil charges for any of the
items, or in which any items are left blank, shall be liable to be rejected.
8.2.1 The Contract shall be for the whole Works as described in Section 3.4 of the ITB, based on
the priced Bill of Quantities submitted by the Bidder.
8.2.2 The Bidder shall fill in the unit rates and the corresponding line item total (both in figures
and words) for all items of the Works described in the Bill of Quantities along with total
bid price (both in figures and words). Corrections, if any, shall be made by crossing out,
initialing, dating and rewriting. Bidder shall fill up unit rates in all the items mentioned in
the Bill of Quantities and if any: (i) unit rate is not filled up but the line item total is filled
up; or (ii) line item total is filled up but unit rate is not filled up, Owner shall multiply or
divide the unit rate or line item total, as the case may be, to derive the line item rate or
unit rate, as the case may be.
8.3.3 All Taxes, royalties, BOCW cess, and other levies payable by the Contractor in relation to
the Works as per Applicable Law under the Contract, or on account of any other cause
relating to the Works shall be deemed to be included in the rates quoted in the Price Bid.
Provided that GST applicable on the direct transaction between the Contractor and the
Owner under the Contract shall be paid by the Owner at actuals.
8.3.4 The quantities mentioned in the Bill of Quantities are subject to adjustment during the
performance of the Contract in accordance with actual execution of Works and execution
requirement.
8.3.5 Bidders shall familiarize themselves with the Applicable Laws relating to the Works and
consider the same while developing and submitting their Price Bid.
The unit rate and price once offered shall remain firm till completion of the Contract and
no adjustment shall be allowed for any reason.
8.3.6 Submission of Envelope 1, Envelope 2 and Envelope 3
Envelope 1, Envelope 2 and Envelope 3 shall be submitted together in an envelope clearly

marked as "PRICE BID SUBMISSION".
8.3.7 Bill of Quantities
Preamble
Bidder shall confirm in the Techno Commercial Bid that they have furnished unit rates in
each and every Bill of Quantities.
Page 29 of 41
i. The Bill of Quantities shall be read in conjunction with all the other sections of this
RFP. The Bidder shall be deemed to have studied the drawings, specifications
forming part of the RFP and details of Work to be done within the time schedule
attached and to have acquainted himself of the conditions prevailing at site.
ii. The quantities specified in the Bill of Quantities are based on preliminary
engineering study carried out by OCPL and are given to provide a common basis for
bidding. The basis of payment will be the actual quantities of work ordered and
carried out, as measured by the Contractor and verified by the Owner's Engineer
and paid for as per the unit rate in the final approved Bill of Quantities forming part
of the Contract.
iii. The rates and prices in the priced Bill of Quantities shall, except insofar as it is
otherwise provided under the Contract, be deemed to include all cost of
construction, plant, tools, plants, equipment, scaffolding, curing cost, painting,
finishing, polishing all lead & lifts, labor, supervision, materials, erection,
maintenance, insurance, profit, taxes and duties, testing if any together with all
general risks, liabilities, and obligations set out or implied in the Contract.
iv. The whole cost of complying with the provisions of the Contract shall be deemed
included in the items provided in the priced Bill of Quantities.
v. The method of measurement of completed Work for payment shall be in accordance

with latest edition of IS Code in practice. All Works shall be measured item wise
upon completion and paid for at the rates quoted and accepted in the final Bill of
Quantities forming part of the Contract.
vi. The following list of work are deemed to have been included in the unit rates.
a. The quoted rates shall include clearing site before commencement of Work
even if not otherwise specified. Similarly quoted rate shall also include cost of
clearance of the site from all debris and balance material as per direction of
Engineer-in-charge.
b. Bidders shall include in their rates quoted, charges for preliminary and general
items required for the execution of Work such as tools and plants, workman's
shed, temporary offices, cleaning site, scaffolding up to required height etc. The
description of each item shall, unless otherwise stated, be held to include
conveyance, labour, and finishing to required shape and size, setting, fitting and
fixing in position, straight cutting, fabrication, erection, installation and
completion, return of packing, overheads, profits, and the cost of disposal or
removal of the consequent waste.
c. The rate quoted for installation work shall include the necessary requirements
of Applicable Law in force at the time of carrying out work.
d. All materials which shall be used in the work must be from the list of the
approved materials as mentioned in the Technical Specifications. Samples of
Page 30 of 41
materials proposed to be used shall be submitted for approval and nothing

shall be used which is not approved.
e. Rates quoted for all items shall include the cost of supplying labour and
materials with all the appliances necessary for the proper execution of the
Work in accordance with the Technical Specifications though this may not be
mentioned in particular item of the Bill of Quantities.
f. Any other job which is not specifically mentioned in the Bill of Quantities,
Section 3.4 of the ITB, Technical Specifications or the Contract, but which is
necessary to be carried out for successful completion of the Project.
9.0 PRICE IN FIGURES AND WORDS

The Bidder shall quote both in figures and in words in the price schedule forming part of
the Price Bid. In Price Bid, the price of each item shall be entered and total indicated for
all items. In the event of any discrepancy between original and any copy, the original shall
govern. If any ambiguities are observed in the subtotal and total given in words and
figures, the following procedure shall be followed to resolve such ambiguity:
 When the total price quoted by the Shortlisted Bidder in figures and words differ
and the price indicated in words is lower than that indicated in figures, the Bid
price in words shall be taken as correct Bid price.
 When the total price quoted by the Shortlisted Bidder in figures and words tally
but found incorrect based on the total amount worked out from subtotal, then
subtotal quoted by the Bidder shall be taken as correct to arrive at the total.
 If there is a discrepancy between the unit price and the total price that is obtained
by multiplying the unit price and quantity, the unit price shall prevail and the total
price shall be corrected.
If the Shortlisted Bidder does not accept the correction of errors, its Bid will be rejected.
10.0 PRICE BID VALIDITY

All Price Bids shall be binding and valid for a period of 180 (One Hundred Eighty) days
from the Bid Submission Deadline or any extension thereof.
11.0 PRICE BID CURRENCY

Bidder shall quote unit rates and price in Indian Rupee. No other currencies will be
accepted by Owner.
12.0 PRICE BID - TAXES AND DUTIES

All Taxes, royalties, BOCW cess, and other levies payable by the Contractor in relation to
the Works as per Applicable Law under the Contract, or on account of any other cause
relating to the Works shall be deemed to be included in the rates quoted in the Price Bid.
Provided that GST applicable on the direct transaction between the Contractor and the
Owner under the Contract shall be paid by the Owner at actuals.
Page 31 of 41
Any introduction of new Taxes or change in the rate of existing Taxes shall be dealt with
in the manner specified in the Contract.
13.0 DETAILS AND SIGNATURE OF BIDDER

The Price Bid shall contain the name, residence and place of business of the authorized
signatory and shall be signed by this authorized signatory as per the Power of Attorney
issued by the Bidder.
14.0 COST OF SUBMISSION OF PRICE BID

The Bidder shall bear all costs and expenses associated with the preparation and
submission of its Bid and Owner shall under no circumstances be responsible or liable for
any such costs, regardless of, without limitation, the conduct or outcome of the bidding,
evaluation and selection process.
15.0 BID OWNERSHIP

Techno-Commercial Bid and Price Bid submitted by the Bidder on or before the specified
time on Bid Submission Deadline shall become the property of Owner and Owner shall
have no obligation to return the same to the Bidder.
16.0 SEQUENCE OF OPENING OF PRICE BID

The sequence of opening each part of the Price Bids are as follows: The information
contained in each envelope is opened for "responsiveness" as indicated in Section 17.0 of
ITB, in following sequence:
Envelope 1: Authorization to Bid
Envelope 2: Certificate of Total Compliance Performance
Envelope 3: Price Bid
17.0 RESPONSIVENESS OF PRICE BID

i. Bidders shall submit the Price Bid in the required formats as per the details provided
in Section 7.0 & 8.0 of ITB. The Price Bid submitted by Bidders will be initially
scrutinized envelope-wise starting with Envelope 1 to establish their
"responsiveness".
ii. Owner will evaluate the Price Bids of only those Bidders all of whose Envelopes are
found "responsive" as indicated in Section 8.1 of ITB. Owner's decision on conducting
the responsive check on the Envelopes and declaring them "responsive" will be final
and the Bidders shall have no right to interrupt or raise queries or raise disputes in
this regard. Under all circumstances, Owner's business decision, in the interest of
meeting the schedule and progressing the project, will be final and shall be binding on
the Bidders.
18.0 PRICE BID EVALUATION

18.1. Price bid evaluation will consider the following criteria:
18.1.1. Price Bid as per detailed Bill of Quantity and Summary:
Page 32 of 41
Price quoted by the Bidders shall be computed as per rates quoted for individual items.
Amount arrived at for each package shall be taken into consideration in the summary
sheet and computation shall be made to arrive at total quoted value of each Bidder.
18.2. Total Evaluated Bid Price
In evaluating the Bids, the Owner will determine for each Shortlisted Bidder the total
evaluated Bid Price by adjusting the Bid Price to make any correction for arithmetic
errors.
Variations, deviations, and alternative offers shall make the Bid liable for rejection.
18.2.1. Lowest Evaluated Price Bid
The Lowest evaluated price bid discovered at the end of the evaluation of Price Bids, shall
be taken as Start Price for the e-reverse auction.
19.0 E-Reverse Auction (e-RA)

i. All the Shortlisted Bidders are required to register themselves with MSTC after
paying a nominal registration fee. The Bidders need to have a digital signature for
participating in the reverse auction process.
ii. E-Reversion auction shall be carried out on M/S MSTC Portal by taking the lowest
evaluated Price Bid as "Start Price".
iii. On the notified date and time, e-RA shall commence. Upon commencement, all
Bidders will be able to see the start price of reverse auction.
iv. Bidders will be able to submit a price with decrements of INR 1,00,000/- (Rupees
One Lakhs Only) or multiple thereof. It is clarified that these decrements will be
applied to the total base price and then adjusted on a pro-rata basis in accordance
with sub-section (xx) below.
v. All prices submitted by Bidder in e-RA shall be in compliance with terms of RFP and
their respective Amendments and any written communication from OCPL applicable
for Price Proposal.
vi. e-RA will be conducted based on total base price (excluding GST).
vii. The Bidder shall be able to bid lower than the Start Price in multiples of the
decrement, but a Bidder must always bid lower than the last bid shown on the
electronic platform.
viii. A Bidder can continue to revise its bid till the auction ends. However, the Bidder
cannot quote /bid equal to the last bid.
ix. Validity of bids: The Price submitted in the e-RA shall be firm and valid for Bid
Validity Period.
Page 33 of 41
x. Any change in the authorized person (i.e., the person authorized to participate in the
e-reverse auction process on behalf of the Bidder) shall be communicated to OCPL
with name and details and relevant POA.
xi. The specified closing time of the e-RA will undergo auto extension of 7 minutes. If
any Bidder quotes within 7 minutes before closing time, the closing time will be
extended automatically for another 7 minutes and so on till 7 minutes idle time
elapses from the last bid.
xii. OCPL shall not be liable for any interruption or delay in accessing the MSTC portal
irrespective of any cause. In such cases, decision of OCPL shall be binding on the
Bidders.
xiii. If the Bidder or any of its representatives are found to be involved in price
manipulation/ cartel formation of any kind, directly or indirectly by communicating
with other Bidders, OCPL, at its sole discretion, shall debar the Bidder from the e-RA
/Tender and future participation also.
xiv. The Bidders shall quote from their own offices/ place of their choice. Internet
connectivity shall have to be ensured by Bidders themselves.
xv. OCPL shall not be responsible for any direct / indirect / consequential losses /
damages, on account of systems problems, inability to use the system, loss of
electronic information etc.
xvi. Apart from the participating Bidders, the e-RA shall be visible, while in progress, to
authorized officials of OCPL, who will be monitoring the process.
xvii. Owner reserves the rights to extend or reschedule or cancel or re-conduct reverse
auction. No Bidder can claim any kind of compensation on account of the same.
xviii.Owner may, in its sole discretion, amend the terms and conditions of the bidding
process at any stage of the process.
xix. Save and except as provided in the RFP, the Owner will not entertain any
correspondence with the Bidders with respect to annulment of the bidding process
or amendment of the terms and conditions of the bidding process.
xx. The reduced price discovered after e-reverse auction process shall be applied
proportionately to the prices quoted by the relevant Bidders in the Bill of Quantities
during Price Bid submission in physical copy.
20.0 SUCCESSFUL BIDDER
20.1. The Bidder with the lowest price after the reverse auction process will be declared as the
Successful Bidder , unless the Owner in its discretion determines otherwise. If no Bidder
participates in the reverse auction, in that case “Start Price” of reverse auction shall be
considered as the lowest price.
Page 34 of 41
20.2. The Owner will not entertain any correspondence with any Bidder in relation to the
bidding process and declaration of Successful Bidder.
21.0 EXECUTION OF THE CONTRACT DOCUMENT

Successful Bidder agrees to enter into the Contract with the Owner substantially in the
form and substance enclosed in Part IV as amended through issuance of Amendments
during tender process.
21.1. Notification of Award and Signing of Agreement
a) The Bidder whose Bid has been accepted will be issued a letter of award by OCPL
prior to expiration of the Bid Validity Period by facsimile or e-mail and confirmed
by post or courier.
b) The Bidder shall confirm its acceptance within 48 hours of receipt of the letter of
award by e-mail/facsimile and also sign and send back a physical copy of the letter
of award to OCPL.
c) Subject to para (d) below, within Thirty (30) working days of notification of the
letter of award the Bidder shall sign the Contract document. The Bid Security shall
be returned to the Successful Bidder after it furnishes the Contract Performance
Security and executes the Contract.
d) The Contract shall be effective from the date of issue of 'Notice To Proceed' (NTP)
in terms thereof and the timelines for completion of the Work shall commence
from the date of issuance of the NTP.
22.0 PERFORMANCE SECURITY
22.1. Within 14 (Fourteen) days of the Successful Bidder's acceptance of the letter of award
and as a condition precedent to execution of the Contract, the Successful Bidder shall
deliver to OCPL a performance security in the form of an unconditional, irrevocable and
on-demand bank guarantee encashable at Bhubaneswar as per format at Appendix D of
the Contract from a scheduled commercial bank in India for an amount equivalent to 10%
of the Contract Price rounding up to nearest thousand ("Contract Performance
Security").
22.2. Failure of the Successful Bidder to comply with the requirements of sub-clause/section
shall give the Owner the right to revoke the letter of award, forfeit the Bid Security, and
any pursue such other remedy as may be available to the Owner under law.
23.0 GOVERNING LAW

The RFP shall be governed by and interpreted in accordance with laws in force in India
and the courts at Bhubaneshwar shall have exclusive jurisdiction over matters arising
from the RFP.
Page 35 of 41
24.0 DISPUTE RESOLUTION

In case of any dispute arising from or in connection with the bidding process or this RFP,
the Bidder and the Owner shall first endeavor to resolve the dispute amicably and in the
event of failure of amicable resolution of such dispute the same will be resolved by way
of arbitration as per the Arbitration and Conciliation Act, 1996. The Courts of
Bhubaneswar and the High Court of Odisha, as the case may be, shall have exclusive
jurisdiction over matters arising herefrom.
25.0 OTHER CONDITIONS
25.1. The Owner reserves the right to accept or reject any Bid and to cancel the Bidding process
and reject all Bids, at any time prior to the award of Contract, without thereby incurring
any liability to the affected Bidder or Bidders or any obligation to inform the affected
Bidder or Bidders of the grounds for the Owner's action.
26.0 DEFINITIONS AND INTERPRETATION
26.1. Definitions
The capitalized terms used in the RFP hall, unless repugnant to the context, have the
meaning ascribed to them below.
TERM MEANING
Acre means a unit of land area equal to 43,560 sq.ft.
Amendment has the meaning ascribed to it in Section 5.3 of the ITB.
Applicable Law means all laws brought into force and effect by any Government
Authority including all acts, statues, laws, rules, codes, standards,
licences, permits, regulations, bylaws, circulars, guidelines, policy
initiatives, notifications, judgements, decrees, injunctions, writs,
directives and orders of any court or any interpretation thereof by
a competent Government Authority, applicable to the Bidders, the
Project and the performance and discharge of the respective rights
and obligations of the parties under the Contract.
Associate means, in relation to a Bidder, a Person who Controls, or is

Controlled by, or is under the common Control of the same Person
who Controls such Bidder.
Average Annual has the meaning ascribed to it in Section 3.6.2(a) of the ITB.
Turnover
means a bid consisting of the Techno Commercial Bid and the Price
Bid Bid submitted by a Bidder for qualification and award of the Project,
and Bids mean collectively, all the bids for the Project.
Page 36 of 41
means an interested entity which submits a Bid to the Owner in

Bidder accordance with this RFP, and Bidders shall be construed
accordingly.
Bid Security has the meaning ascribed to it in Section 6.4.1 of the ITB.
Bid Opening Date has the meaning ascribed to it in Section 4.2 of the ITB.
Bid Submission means the last date for submission of Bids, as set out in Section 4.2
Deadline of the ITB.
Bid Validity Period has the meaning ascribed to it in Section 5.16.1 of the ITB.
Bill of Quantities means the bill of quantities for each package provided in Section 3.4,
the format for which is provided at Appendix B1 to B25 in Part-III.
Price Bid Formats of RFP.
Certificate of Total has the meaning ascribed to it in Section 8.1.2 of the ITB.
Compliance
Conflict of Interest has the meaning ascribed to it in Section 5.20 of the ITB.
Contract has the meaning ascribed to it in Section 2.0 of the ITB.
Contract Price has the meaning ascribed to it in the Contract.
Contract has the meaning ascribed to it in Section 22 of the ITB.

Performance
Security
Contractor means the Successful Bidder who signs the Contract with the
Owner.
Control means, with respect to a Person:
(a) the ownership, directly or indirectly, of more than 50% of

the voting shares of such Person; or
(b) the power, directly or indirectly, to direct or influence the

management and policies of such Person by operation of
law, contract or otherwise,
and the term Controlled shall be construed accordingly.
Eligible Project has the meaning ascribed to it in Section 3.6.1 of the ITB.
Financial Year means each 12-month period commencing on 1 April of one
Page 37 of 41
calendar year and ending on 31 March of the next calendar year.
Good Industry means those prudent and advisable practices, methods, techniques,
Practices standards, codes, specifications and acts generally accepted,
followed or used internationally by professional contractors
generally engaged in building construction work and projects
around the world similar to the Project during the relevant time
period, which practices, methods and acts, in the exercise of
prudent and responsible professional judgment in the light of the
facts known at the time the decision was made, could reasonably
have been expected to accomplish the desired result consistent with
Applicable Laws, environmental protection, efficiency, economy
and expedition, good business practices, reliability and safety, and
taking into consideration the requirements of the RFP and the
Contract. In determining which practices, methods and acts
constitute Good Industry Practice, due regard shall be given to,
among other things, physical conditions at the site, the
requirements or guidance of government authorities and
Applicable Laws, but in no event shall Good Industry Practice be
interpreted to require any practice, method or act that violates
Applicable Laws.
Government means and includes any Indian national, state, local, regional,
Authority territorial or municipal government or governmental, semi-
governmental, executive, legislative, administrative, fiscal,
authority, quasi-judicial or judicial body, ministry, department,
commission, board, bureau, court, tribunal, agency, instrumentality
or entity having jurisdiction over the subject matter(s) in question.
GST means the goods and services tax payable in terms of the Central
Goods and Services Tax Act, 2017, Integrated Goods and Services
Tax Act, 2017 and relevant State Goods and Services Tax Acts.
Hazardous means any waste which by reason of characteristics such as

Substances physical, chemical, biological, reactive, toxic, flammable, explosive
or corrosive, causes danger or is likely to cause danger to health or
environment, whether alone or in contact with other wastes or
substances, and shall include hazardous substances under the
Hazardous Waste (Management, Handling and Transboundary
Movement) Rules, 2008.
IS Codes means specifications under the Indian Standards for Civil

Engineering, as may be applicable from time to time.
Page 38 of 41
Net Worth has the meaning ascribed to it in Section 3.6.2 of the ITB.
Owner means Odisha Coal and Power Limited.
Owner's Engineer means the engineer appointed by the Owner as the Owner's
Engineer.
Permits means any permissions, clearances, concessions, authorizations,

consents, licenses, permits, rulings, exemptions, no objection
certificates, resolutions, filings, orders, notarizations, registrations
or approvals of whatsoever nature that are required to be obtained
from time to time in connection with the Project, and for generally
performing the obligations contemplated by the Contract.
Price Bid means the price bid submitted by a Bidder, in accordance with
Section 7 and 8 of the ITB.
Project has the meaning ascribed to it in Part I of the RFP – Letter of

Invitation.
RFP has the meaning ascribed to it in Part I of the RFP – Letter of

Invitation.
Safety, Health and means the Owner's safety, health and environment guidelines, as
Environment provided in Annexure II.
Guidelines
Shortlisted Bidder has the meaning ascribed to it in Section 4.1 of the ITB.
Site means Sarbahal, Hemgir, Sundargarh, Odisha, where the Project will
be developed.
Site Conditions has the meaning ascribed to it in Section 5.1 of the ITB.
Successful Bidder has the meaning ascribed to it in Section 4.1 of the ITB.
Taxes means all taxes, levies, imposts, cesses, duties and other forms of
taxation, including (but without limitation) income tax, central GST,
state GST, entry tax, corporation profits tax, advance corporation
tax, capital gains tax, residential and property tax, customs and
other import and export duties, stamp duty or capital duty, and any
interest, surcharge, penalty or fine in connection therewith which
may be payable by the Contractor.
Page 39 of 41
Technical means the technical specifications for undertaking the Project,

Specifications which must be followed by the Contract, and as set out in Annexure
I.
Techno Commercial means the technical bid submitted by a Bidder, in accordance with
Bid Section 6 of the ITB
Works has the meaning ascribed to in in Section 2 of the ITB.
26.2. Rules of Interpretation
26.2.1. Words imparting singular shall also include plural and vice-versa and any word
defined in the singular shall have the corresponding meaning when used in the plural
and vice versa.
26.2.2. The titles or headings in this RFQ are for convenience and easy reference only and shall
not be taken into account for the purpose of construction or interpretation of this RFQ.
26.2.3. A reference to any gender includes the other gender.
26.2.4. Unless otherwise specified, a reference to a Chapter, Section, Appendices, Schedule,

Attachment or paragraph is a reference to a Chapter, Section, Appendices, Schedule,
Attachment or paragraph of this RFQ.
26.2.5. References Applicable Law shall be construed as a reference to the same as it may have
been, or may from time to time be, amended, modified, supplemented or re-enacted.
26.2.6. The terms “include” and “including” shall be deemed to be suffixed with the words
“without limitations”, whether or not so followed.
Page 40 of 41

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REQUEST FOR PROPOSAL (RFP)

Ref: NOTICE INVITING TENDER: OCPL/CIV-80/2018

ODISHA COAL AND POWER LIMITED.

PART I: LETTER OF INVITATION TO BIDDERS & INSTRUCTIONS TO BIDDERS

Dear Madam/ Sir,

The RFP consists of the following:

1.0 OCPL BACKGROUND: ................................................................................................................8

2.0 REQUEST FOR PROPOSAL........................................................................................................8

3.0 PROJECT DESCRIPTION............................................................................................................9

3.1. GENERAL .....................................................................................................................................9

3.2. PROJECT BRIEF ........................................................................................................................10

3.3. PROJECT SCOPE .......................................................................................................................10

3.4. SCOPE OF WORKS....................................................................................................................10

3.5. PROJECT ADMINISTRATION .................................................................................................11

3.5.1. SERVICES OF PROJECT CONSULTANT..................................................................................11

3.5.2. ENGAGEMENT OF QUALITY ASSURANCE / QUANTITY CHECK CONSULTANT FOR

3.6. QUALIFICATION REQUIREMENTS OF BIDDER: ..................................................................12

3.6.1. TECHNICAL QUALIFICATION REQUIREMENTS TO BE MET BY THE BIDDER: ..............12

3.6.2. FINANCIAL QUALIFICATION REQUIREMENT TO BE MET BY THE BIDDER ..................13

3.6.3. OTHER ELIGIBILITY CRITERIA .............................................................................................14

4.0 BIDDING PROCESS ..................................................................................................................15

4.1. STAGES OF BIDDING: ..............................................................................................................15

4.2. BIDDING SCHEDULE: ..............................................................................................................15

5.0 GENERAL BIDDING GUIDELINES AND INSTRUCTION TO BIDDERS ...............................16

5.1. INSPECTION PRIOR TO BID ...................................................................................................16

5.2. BIDDERS' DUE DILIGENCE COMPLETE ................................................................................17

5.3. REQUESTS FOR CLARIFICATIONS ........................................................................................17

5.4. AMENDMENTS ISSUED TO THIS RFP ...................................................................................17

5.5. BID PREPARATION – EXCEPTIONS/DEVIATIONS .............................................................18

5.6. BID SUBMISSION .....................................................................................................................18

5.7. LANGUAGE ................................................................................................................................18

5.8. CORRECTIONS AND ERASURES.............................................................................................19

5.9. EXTENSION OF BID SUBMISSION / BID OPENING DATE ..................................................19

5.10. MODIFICATION AND WITHDRAWAL OF BIDS ...................................................................19

5.11. REJECTION OF BIDS ................................................................................................................19

5.12. FALSE OR MISLEADING CLAIMS............................................................................................20

5.14. BIDDING COST .........................................................................................................................20

5.15. BID CLARIFICATIONS .............................................................................................................20

5.16. BID VALIDITY PERIOD ...........................................................................................................20

5.16.1. INITIAL BID VALIDITY ...........................................................................................................20

5.16.2. EXTENSION OF INITIAL BID VALIDITY PERIOD ................................................................21

5.17. OWNERSHIP OF BIDS AND RESPONSES ..............................................................................21

5.18. DETAILS AND SIGNATURE OF BIDDER................................................................................21

5.19. FRAUD AND CORRUPTION ....................................................................................................21

5.20. CONFLICT OF INTEREST.........................................................................................................22

5.21. BID OWNERSHIP .....................................................................................................................23

5.22. CONFIDENTIALITY ..................................................................................................................23

6.0 BIDDING PROCEDURE APPLICABLE (TECHNO-COMMERCIAL BID) ..............................24

6.1. ISSUE OF RFP DOCUMENT .....................................................................................................24

6.2. TECHNO COMMERCIAL BID PREPARATION AND SUBMISSION ......................................24

6.3. TECHNO COMMERCIAL BID SUBMISSION ...........................................................................24

6.4. BID SECURITY ..........................................................................................................................25

6.4.1. BID SECURITY TO BE SUBMITTED BY BIDDERS ................................................................25

6.4.2. FORMS OF BID SECURITY ......................................................................................................25

6.4.3. CONSEQUENCE OF NON SUBMITTAL OF BID SECURITY...................................................26

6.4.4. BID SECURITY FORFEITURE..................................................................................................26

6.4.5. RETURN OF BID SECURITY ....................................................................................................26

6.5. CONTRACT PERFORMANCE SECURITY................................................................................27

6.6. EVALUATION CRITERIA .........................................................................................................27

6.7. TECHNO-COMMERCIAL BID EVALUATION .........................................................................27

6.7.1. TECHNICAL BID EVALUATION ..............................................................................................27

6.7.2. COMMERCIAL BID EVALUATION ..........................................................................................27

7.0 BIDDING PROCEDURE (PRICE BID) .....................................................................................28